UK troops in Iraq face new court threat

The Government has suffered a legal setback after a European court ruling that could see British soldiers taken to court over the deaths of Iraqi civilians in Basra.

The Government has suffered a legal setback after a European court ruling that could see British soldiers taken to court over the deaths of Iraqi civilians in Basra.

In a landmark judgment, the European Court of Human Rights has ruled that European troops who are in control of a foreign country can be prosecuted under human rights law for breaching the civil rights of local people.

It comes days before the High Court in London is due to rule on a case involving the death of the hotel receptionist Baha Mousa and more than 30 other Iraqis who were allegedly killed, tortured or ill-treated by British troops after last year's war. That case hinges on claims that British forces in Iraq are bound by the Human Rights Act and the European Convention on Human Rights even outside Europe - the same issue at the centre of the ruling by the court in Strasbourg 12 days ago.

In a further embarrassment for ministers, it emerged yesterday that the United Nations Committee against Torture has accused Britain of failing to properly apply the UN Convention against Torture in its operations in Iraq.

The committee, which also criticised Britain's detention of foreign terror suspects at Belmarsh Prison, south-east London, said the UK was wrong to claim that the UN convention did not apply to Iraq and Afghanistan.

Adam Price, the Plaid Cymru MP who has raised alleged abuse in Parliament, said the Strasbourg ruling was "a very, very important and dramatic development" that had "major implications" for future peacekeeping operations.